[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Notices]
[Pages 46810-46811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15886]


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DEPARTMENT OF AGRICULTURE

Forest Service


Rocky Mountain Region, Grand Mesa, Uncompahgre and Gunnison 
National Forest, Mesa County, CO; Supplemental Environmental Impact 
Statement for Sheep Flats Diversity Unit Timber Sales

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to supplement an environmental impact 
statement.

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SUMMARY: The Forest Service will prepare a supplemental environmental 
impact statement for the Sheep Flats Diversity Unit Timber Sale to 
present additional information concerning Management Indicator Species 
(MIS), and Threatened, Endangered and Sensitive Species (TES).

DATES: Comments concerning the scope of the analysis must be received 
by 45 days after publication of the draft supplemental environmental 
impact statement. The draft supplemental environmental impact statement 
is expected August 2005 and the final supplemental environmental impact 
statement is expected October 2005.

ADDRESSES: Send written comments to Connie Clementson, District Ranger, 
Grand Valley Ranger District, 2777 Crossroads Blvd, Unit 1, Grand 
Junction, Colorado 81506.

FOR FURTHER INFORMATION CONTACT: Carol McKenzie, Team Leader at 
[email protected] or (208) 634-0761; or Ken Anderson, Timber Group 
Leader, Forest Supervisor's Office, 2250 Highway 50, Delta, CO 81416.

SUPPLEMENTARY INFORMATION: The Forest Service is proposing to prepare a 
supplement to the final environmental impact statement for the Sheep 
Flats Diversity Unit Timber Sales. In accordance with FSH 1909.15, the 
1998 final environmental impact statements and 2001 final supplemental 
environmental impact statement has been reviewed. New information have 
been discovered in the form of court decisions and regulations at 26 
CFR 219 concerning the analysis and use of Management Indicator Species 
(MIS). In addition, species lists for Threatened, Endangered and 
Sensitive Species have changed since the final environmental impact 
statement and final supplemental environmental impact statement were 
issued. The forest Service will supplement the final environmental 
impact statement by analyzing and presenting additional information 
concerning wildlife resources. The scope and analysis of the proposed 
supplement to the final environmental impact statement will be limited 
to the Management Indicator Species Assessment, Amended Biological 
Assessment and Amended Biological Evaluation.
    The original Notice of Intent for this project was published in the 
Federal Register Vol. 57, No. 31, February 14, 1992. A revised Notice 
of Intent was published in the Federal Register Vol. 61, No. 177, 
September 11, 1996. In June 1998, a Record of Decision was issued. This 
decision was appealed on August 17, 1998. On October 1, 1998, the 
Appeal Deciding Officer recommended that the June 1998 decision be 
reversed because of the deficiencies in the water quality and soils 
analyses. A Notice of Intent to supplement the final environmental 
impact statement with additional information regarding water quality 
and soils was published in the Federal Register Vol. 63, No. 222, 
November 18, 1998. A new Record of Decision and final supplemental 
environmental impact statement were approved on October 1, 2001 by then 
Forest Supervisor Robert L. Storch. The approved decision was to 
implement Alternative 4 and associated mitigation measures as detailed 
on pages 2 through 8 of the Record of Decision. This decision was 
appealed on November 19, 2001. The Appeal Deciding Officer upheld the 
decision on December 20, 2001.

[[Page 46811]]

Purpose and Need for Action

    The draft supplemental environmental impact statement will not 
change the purpose and need for the Sheep Flats Diversity Unit Timber 
Sales as described on pages 1-1 through 1-3 of the final environmental 
impact statement. The scope of the draft supplemental environmental 
impact statement is only to provide additional analysis regarding 
wildlife resources.

Proposed Action

    The draft supplemental environmental impact statement will not 
change the proposed action for the Sheep Flats Diversity Unit Timber 
Sales as described on pages 1-1 through 1-3 of the final environmental 
impact statement. The scope of the draft supplemental environmental 
impact statement is only to provide additional analysis regarding 
wildlife resources.

Responsible Official

    The Responsible Official is Connie Clementson, District Ranger, 
Grand Valley Ranger District, 2777 Crossroads Blvd. Unit 1, Grand 
Junction, CO 81506.

Nature of Decision To Be Made

    The Responsible Official will review the supplemental information 
and determine if the 2001 Record of Decision should be modified or if 
the original decision is to remain in effect and unchanged.

Scoping Process

    Extensive public involvement has occurred on this project over the 
last 13 years in the form of news releases, field tours and public 
meetings. No additional scoping is planned for this supplement.

Comment Requested

    A legal notice will be published in the newspaper of record and a 
Notice of Availability will be published in the Federal Register to 
inform the public that supplemental information is available for review 
and comment. The draft supplemental environmental impact statement will 
be distributed to all parties that received the 2001 final supplemental 
environmental impact statement and record of decision and to those 
parties that filed an appeal of the 2001 decision.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft supplemental environmental impact statement will be 
prepared for comment. The comment period on the draft supplemental 
environmental impact statement will be 45 days from the date the 
Environmental Protection Agency publishes the notice of availability in 
the Federal Register.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the 45 day comment period so that 
substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternatives 
formulated and discussed in the statement. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act at 
40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)

    Dated: August 5, 2005.
Connie Clementson,
District Ranger.
[FR Doc. 05-15886 Filed 8-10-05; 8:45 am]
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